Skip to content Skip to navigation

Deceptive Advertising

Fruit Bliss Dates

According to the complaint for this class action, plaintiff Anthony Buso was “surprised and disappointed” to find that the bag of Fruit Bliss Organic Deglet Nour Dates he’d purchased was 80% empty. California’s Fair Packaging and Labeling Act (CFPLA) says, “A container that does not allow the consumer to fully view its contents shall be considered to be filled as to be misleading if it contains nonfunctional slack fill.” The law’s § 12606.2 offers six valid reasons for leaving empty space in a package, and, the complain says, none of them apply to the Fruit Bliss products.

Aluma-Wallet

Telebrands is settling a class action alleging that it marketed certain products as “buy one, get one free” but in reality required consumer to pay for the “free” item via shipping, processing, or handling charges beyond those permitted by law.

Honest Multi-Surface Cleaner

The Honest Company is settling a consolidated group of class actions that allege that Honest violated laws against deceptive advertising when it advertised its multi-surface cleaner, dish soap, and laundry detergent as being “free of sodium lauryl sulfate (SLS). The complaints claim that the products did in fact contain SLS.

DNA Double Helix

In 2013, the US Food and Drug Administration (FDA) sent 23andMe, Inc. a warning letter that required the company to stop marketing the health information component of its Personal Genome Service (PGS). In January of 2014, a related class action arbitration was given to the American Arbitration Association.

Clean Reserve Scent

When plaintiff Michael Gonzales brought home Fusion’s Clean scent, the complaint for this class action says, he was disappointed to find great deal of difference between the outer size of the box and the size of the actual product because of a false bottom, false sidewalls, and false top. The complaint alleges that the product occupied only a fraction of the space in the box. California’s Fair Packaging and Labeling Act (CFPLA) states, “No container … shall have a false bottom, false sidewalls, false lid or covering, or be otherwise so constructed of filled … as to facilitate the perpetration of deception or fraud.” It goes on to say, “No container shall be made formed, or filled as to be misleading. A container that does not allow the consumer to fully view its contents shall be considered to be filled as to be misleading if it contains nonfunctional slack fill.”

Fossil Bag

When plaintiff Timur Safransky went to the Fossil Outlet store at Carlsbad Premium Outlets in Carlsbad, California, the complaint for this class action says, he noticed a sign in the window outside saying, “Entire Store Up to 40% Off.” Inside, he saw a bag that had supposedly been priced at $198, which a sign said was now selling for “40% off ticketed price,” and he bought it, believing he was getting a bargain. However, according to the complaint, the outlet items were never sold at the reference prices on the tags, and the outlets use the artificial reference prices to create the illusion that the items are higher quality and that the “discounted” price is a good deal.

Fleischmann's Cornbread Mix

Fleischmann’s Simply Homemade Banking Mix products come in opaque boxes, and the complaint for this class action claims that the product is roughly half the size of the box—in other words, that the boxes are hiding approximately 50% empty space. The complaint quotes California’s Fair Packaging and Labeling Act (CFPLA) as saying, “No container shall be made, formed, or filled as to be misleading. A container that does not allow the consumer to fully view its contents shall be considered to be filled as to be misleading if it contains nonfunctional slack fill.” CFPLA permits fifteen instances, but the complaint alleges that none of the fifteen instances applies to the Fleischmann’s products.

Tiger Natural Gas

When plaintiff Emily Fishman received a call offering her a new and purportedly cheaper gas program, it must have sounded like a good deal. According to the complaint, the representative claimed that a rate hike of 18.8% had already begun with her current supplier, PG&E, and that PG&E had also been granted another of 33% over the next three years. The complaint claims that the rep offered a variable rate program with Tiger Natural Gas that was free and capped at 69 cents per therm. Fishman signed up to receive her gas from Tiger, but after nine months, the complaint says, she had paid far more for gas than she would have paid with PG&E, plus a “daily charge” that Tiger had never mentioned.

Blue Agave Plant

American Sugar Refining, Inc. sells its “Organic Agave Nectar” under the brand names Domino, C&H, and Florida Crystals. The complaint for this class action alleges that the products are deceptively labeled, marketed, and advertised, listing the sole ingredient as organic agave nectar and carrying the USDA label for an organic product, while in fact testing shows that they contain a non-natural, non-organic ingredient: isomaltose, a component found in high fructose corn syrup (HFCS) and other non-natural, non-organic sweeteners.

LensCrafters Store

LensCrafters offers what it calls its Accufit® Digital Measurement System, which it claims can more accurately measure the pupillary distance (PD) between a customer’s eyes, so that it can more accurately locate the optical centers of the eyeglasses it makes for customers. The company claims that this allows it to create prescription glasses with “a lens fit with five times greater precision than traditional methods.” But the complaint alleges that the company’s “decades-old” manufacturing methods requires manual measurements that must be rounded to the nearest millimeter, and that the glasses that result are no more accurate than those for which measurements were taken with a standard ruler.

Pages